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If the CA Can Sue the Controller, Why Can’t NC’s Sue the Planning Department? |
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Law Suits
You’ve been reading as we have about the LA City Attorney suing the City Controller to prevent her from conducting an audit of his department.
The Gov is suing State Controller John Chiang trying to get him to cut employee wages.
So, why cant neighborhood councils sue the Planning Department … as the LaBrea Coalition has done … asking a judge to get them to obey the law and provide current annual reports on infrastructure, population growth and the like?
A good question. So, we asked around. And, attorneys share generally the same view.
Neighborhood councils are considered at least quasi-agencies of the city. City agencies can’t, we are told, sue each other.
In the case of City Attorney Rocky Delgadillo suing Controller Laura Chick … they are elected officials, not city agencies, and can sue as individuals. Same goes for Governor Schwarzenegger filing against Controller Chiang.
Is there anyway other way through the maze, we wondered. Here are a few ideas from the legal folks.
1) An NC board member can sue, he believes, as an individual. Some NC board feels the need to take on the city council, a board member could do the suing. Problem with that is, he or she would be responsible for legal fees.
2) A neighborhood council could take a board action ‘advising’ … using the LaBrea Coalition law suit as an example … the Planning Department to, in effect, do what the law suit asks.
Something similar to this, I understand, was done by the Tarzana Neighborhood Council.
3) Neighborhood councils can work with coalitions, as was done with the Pick/Olympic Traffic Plan law suit and the Sunland Home Depot appeal.
4) At least one attorney believes it is possible for a neighborhood council to take a board action in support of a law suit … not unlike an NC board voting to support … or oppose … a developer appeal to a Planning Department decision.
In any case, it appears there is no way for council to sue … or become involved indirectly in a legal action … and be represented by the City Attorney.
Any other legal views? We’re listening at:
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) ◘
CityWatch
Vol 6 Issue 66
Pub: August 15, 2008
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